COM. v. TRIAL


438 Pa.Super. 209 (1994)

652 A.2d 338

COMMONWEALTH of Pennsylvania v. Michael E. TRIAL, Appellant.

Superior Court of Pennsylvania.

Filed December 22, 1994.


Attorney(s) appearing for the Case

Samuel K. Gates, Hanover, for appellant.

John W. Thompson, Jr., Asst. Dist. Atty., York, for Com., appellee.

Before ROWLEY, P.J., and CIRILLO and DEL SOLE, JJ.


DEL SOLE, Judge:

Appellant takes this appeal from the mandatory sentence imposed after he was convicted in a non-jury trial of Driving Under the Influence. At question is whether the Commonwealth was able to establish the first requirement of the statute that Appellant was a person who was driving, operating "or in actual physical control of the movement of any vehicle." 75 Pa.C.S.A. § 3731(a). After determining that the facts support the court's finding of guilt...

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